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. . . Memo to Planning Commission Planning Case #02-31 Page 3 of6 Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: ". ..means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance..." B. City Requirements Section VIII, D, 4, c and d, ofthe City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances may be granted from specific provisions of this ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the hcalth, safety, comfort and general welfare of the public, nor will it be contrary to the intent and purpose ofthe Comprehensive Plan, the official map or this or any other ordinance of the City." Variance Findinl!s Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances. 1. Are the circumstances for which the variance is requested unique to the property? No. The lot is only 75 feet wide, narrower than the minimum width of85 feet for a lot in the R-2 District. Furthermore, the house is centrally located on the lot with setbacks of 18 feet to the west and 18.5 feet to the east. Due to the location of the house on the lot, placing a garage 10 feet from the interior side property line could potentially cause accessibility problems for cars attempting to utilize the garage and would require relocation of part of the driveway. However, there are approximately ten other properties in the area which would experience the same difficulties accessing their garage if forced to build at the required side yard interior setback often feet. Therefore, the circumstances are not necessarily unique to the property but could be contained to a relatively small nurnber of properties within the city.